Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of eye witnesses - Eye witnesses witnessed the incident and stated that deceased was surrounded by accused persons - Said witnesses are natural witnesses, as they were purchasing some articles in market at the time of occurrence - Moreover, both the Courts below accepted evidence of eye witnesses as credible -..........
Evidence Act, 1872, Section 65B(1) -- Electronic record - Admissibility - When conditions stipulated in S.65-B of the Act is fulfilled, document so generated is admissible in proceedings without any further proof or production of original...........
Evidence Act, 1872, Section 65B -- Electronic record - Non-production of certificate u/s 65B of the Act - Kidnapping for ransom - Comparison of chance prints with electronic retrieved record prints not supported by certificate u/s 65B of the Act - Requirement of producing certificate u/s 65-B of the Act is a procedural aspect and said requirement can be relaxed whenever..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Power of Court u/s 151 CPC - Court is well within its rights to exercise its inherent power u/s 151 CPC to permit production of such evidence, if it relevant and necessary in interest of justice subject to such terms as may be found fit to be imposed - Moreover, deletion of provision U.O.18.17A CPC does not..........
Evidence Act, 1872, Section 65B -- Electronic record - Non production of certificate - Curable defect - Such defect stands cured at the time of marking of the document when defendant never objected to exhibiting/marking of the same during course of trial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Transportation of 3563.28 kgs Ganja - Non-production of entire consignment of ganja in Court - Search and seizure of ganja from accused was duly proved - Neither entire consignment of ganja nor 186 polythene packets were produced in Court - However, Magistrate deposed that he duly certified entire..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Non-production of charge sheet within 180 days of statutory period - Public prosecutor not filed any application for extension of period of investigation - There could not be any reason for Special Judge in not disposing of application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of drugs - Search and seizure - Prosecution failed to prove as to who produced case property - It could have been easily proved by producing documentary evidence and store room register - But no, production thereof, draws adverse inference against prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 2 kg ganja - Search and seizure - Mere production of sample ganja packet is not sufficient - It is duty of prosecution to adduce cogent evidence relating to actual quantity of ganja seized from possession of accused - However, evidence of informant is totally silent about bulk quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 2 kg ganja - Search and seizure - Personal seal was not produced in Court - Evidence of PW13 is completely silent as to whom his personal seal was handed over - Zimanama of personal seal not proved during trial - Even personal seal was not produced in Court - Handing over brass seal to..........
